A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-43-1, §16-43-2
and §16-43-3, all relating to tanning facilities use by
minors; defining terms; requiring consent for minors aged
fourteen to seventeen to use tanning devices within tanning
facilities; requiring parental accompaniment for minors under
age fourteen to use tanning devices within tanning facilities;
and specifying warning language and consent form language.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-43-1, §16-43-2 and
§16-43-3, all to read as follows:

ARTICLE 43. TANNING FACILITIES.

§16-43-1. Definitions.

As used in this article:

(1) “Tanning device” means any equipment that emits radiation
used for tanning of the skin, such as a sun lamp, tanning booth or
tanning bed, and includes any accompanying equipment, such as
protective eyewear, timers and handrails.

(2) “Tanning facility” means any commercial location, place,
area, structure or business where a tanning device is used for a
fee, membership dues or other compensation.

§16-43-2. Consent required for minor using tanning device within a tanning facility.

(a) Before any person who has reached his or her fourteenth
birthday and has not passed his or her eighteenth birthday uses a
tanning device within a tanning facility, he or she shall give the
tanning facility a copy of the consent form described in section
three of this article, signed by his or her parent or legal
guardian, stating that the parent or legal guardian has read and
understood the statement of warning given by the tanning facility
and that they consent to the minor’s use of the tanning device and
agree that the minor will use protective eyewear. This parental
consent is valid for one calendar year and shall be kept on file by
the tanning facility for at least one calendar year.

(b) A person under the age of fourteen shall be accompanied by
a parent or legal guardian when using a tanning device within a
tanning facility. The parent or legal guardian accompanying the
person under the age of fourteen to the tanning facility shall be
given a copy of the consent form described in section three of this
article on the minor’s first visit to the tanning facility. This
consent form shall be signed by the minor’s parent or legal
guardian, stating that the parent or legal guardian has read and
understood the statement of warning given by the tanning facility
and that they consent to the minor’s use of the tanning device and
agree that the minor will use protective eyewear. This parental
consent is valid for one calendar year when the person under the
age of fourteen is accompanied by the minor’s parent or guardian,
and shall be kept on file by the tanning facility for at least one
year.

§16-43-3. Consent Form

(a) A tanning facility shall give each person under age
eighteen who wishes to use a tanning device located within its
tanning facility a consent form relating to use of a tanning device
that must include, at a minimum, the following warning: “Repeated
exposure or overexposure in a tanning device may cause health
problems including, but not limited to, burns, eye damage, skin
sensitivity, premature aging of the skin or skin cancer. Any
person who takes a prescription or over-the-counter medication
should consult a physician before using a tanning device.”

(b) Below the warning listed in subsection (a) of this
section, the consent form must include the following language: “I,
__________________, confirm that I am the parent or legal guardian
of _____________________, who is _____ years old and was born on
__________________. I have read and understood the warning listed
above and hereby give my consent that the minor whose name is
listed above may use a tanning device at this tanning facility with
the use of protective eyewear.” Thereafter, the consent form must
have a place for the parent or guardian’s signature and the date.
Below the signature and date line, the consent form must state:
“This consent form is valid for one year from the date of consent,
as listed above.”

__________

(NOTE: The purpose of this bill is to require parental
consent for minors to use a tanning device within a tanning
facility and parental accompaniment for minors under the age of
fourteen while using a tanning device within a tanning facility.

This article is new; therefore, strike-throughs and
underscoring have been omitted.)